Feed for /2003/related/acts/33 PDF
Date of enactment: July 24, 2003
2003 Senate Bill 44 Date of publication*: July 25, 2003
* Section 991.11, Wisconsin Statutes 2001-02 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2003 WISCONSIN ACT 33
(Vetoed in Part)
An Act relating to: state finances and appropriations, constituting the executive budget act of the 2003 legislature.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
33,4 Section 4. 7.33 (4) and (5) of the statutes are amended to read:
7.33 (4) Except as otherwise provided in this subsection, each local governmental unit, as defined in s. 22.01 16.97 (7), may, and each state agency shall, upon proper application under sub. (3), permit each of its employees to serve as an election official without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3), without loss of pay for scheduled working hours during the period specified in sub. (3) except as provided in sub. (5), and without any other penalty. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.
(5) Any employee of a local governmental unit, as defined in s. 22.01 16.97 (7), or state agency who obtains a paid leave of absence under sub. (4) in order to serve as an election official under s. 7.30 shall certify in writing to the head of the local governmental unit or state agency by which he or she is employed the amount of compensation that the employee receives for such service. Upon receipt of the certification, the head of the local governmental unit or state agency shall deduct that amount from the employee's pay earned for scheduled working hours during the period specified in sub. (2) when the employee is on a paid leave of absence.
33,5 Section 5. 13.099 (1) (a) and (b) of the statutes are amended to read:
13.099 (1) (a) "Department" means the department of administration commerce.
(b) "State housing strategy plan" means the plan developed under s. 16.31 560.9802.
33,6 Section 6. 13.099 (2) (a) of the statutes is amended to read:
13.099 (2) (a) If any bill that is introduced in either house of the legislature directly or substantially affects the development, construction, cost or availability of housing in this state, the department, through the division of housing, shall prepare a report on the bill within 30 days after it is introduced. The department may request any information from other state agencies, local governments or individuals or organizations that is reasonably necessary for the department to prepare the report.
33,7 Section 7. 13.099 (3) (a) 5. of the statutes is amended to read:
13.099 (3) (a) 5. Housing costs, as defined in s. 16.30 560.9801 (3) (a) and (b).
33,8 Section 8. 13.101 (6) (a) of the statutes is amended to read:
13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (cr), and (r), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (af), (aq), (ar), and (at), 20.435 (6) (a) and (7) (da), and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.
33,8m Section 8m. 13.101 (6) (a) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:
13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (cr), and (r), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (aq), (ar), and (at), 20.435 (6) (a) and (7) (da), and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.
33,9 Section 9. 13.101 (14) of the statutes is amended to read:
13.101 (14) With the concurrence of the joint committee on information policy and technology, direct the department of electronic government administration to report to the committee concerning any specific information technology system project in accordance with s. 13.58 (5) (b) 4.
33,10c Section 10c. 13.101 (16) of the statutes is repealed.
33,10r Section 10r. 13.101 (17) of the statutes is created to read:
13.101 (17) From the appropriation under s. 20.435 (2) (gk), the committee may approve expenditure of moneys received by the state under s. 51.06 (6) only to support any state activity conducted or performed on the property occupied or managed on the effective date of this subsection .... [revisor inserts date], by the department of health and family services or the department of corrections at the Northern Center for the Developmentally Disabled.
33,11 Section 11. 13.121 (1) of the statutes is amended to read:
13.121 (1) Current member. From the appropriation under s. 20.765 (1) (a) or (b) or (5), each member of the legislature shall be paid, in equal installments, the salary provided under s. 20.923.
33,12 Section 12. 13.121 (4) of the statutes is amended to read:
13.121 (4) Insurance. For the purpose of premium determinations under s. 40.05 (4) and (5) each member of the legislature shall accrue sick leave at a rate equivalent to a percentage of time worked recommended for such positions by the secretary of employment relations director of the office of state human resources management and approved by the joint committee on employment relations in the same manner as compensation for such positions is determined under s. 20.923. This percentage of time worked shall be applied to the sick leave accrual rate established under s. 230.35 (2). The approved percentage shall be incorporated into the compensation plan under s. 230.12 (1).
33,13 Section 13. 13.123 (1) (a) 1. of the statutes is amended to read:
13.123 (1) (a) 1. Any member of the legislature who has signified, by affidavit filed with the department of administration, the necessity of establishing a temporary residence at the state capital for the period of any regular or special legislative session shall be entitled to an allowance for expenses incurred for food and lodging for each day that he or she is in Madison on legislative business, but not including any Saturday or Sunday unless the legislator is in actual attendance on such day at a session of the legislature or a meeting of a standing committee of which the legislator is a member. The amount of the allowance for each biennial session shall be 90% of the per diem rate for travel for federal government business within the city of Madison, as established by the federal general services administration. For the purpose of determining the amount of the allowance, the secretary of employment relations director of the office of state human resources management shall certify to the chief clerk of each house the federal per diem rate in effect on December 1, or the first business day thereafter if December 1 is not a business day, in each even-numbered year. Each legislator shall file an affidavit with the chief clerk of his or her house certifying the specific dollar amount within the authorized allowance the member wishes to receive. Such affidavit, when filed, shall remain in effect for the biennial session.
33,14 Section 14. 13.123 (1) (c) of the statutes is amended to read:
13.123 (1) (c) Each member shall certify to the chief clerk of the house in which the member serves, as promptly as may be following the 1st of each month, the number of days during the previous calendar month on which the member was in Madison on legislative business and for which the member seeks the allowance provided by this subsection. Such allowances shall be paid from the appropriation under s. 20.765 (1) (a) or (b) or (5) within one week after each calendar month; and shall be paid, upon the filing with the department of administration, the chief clerk's affidavit stating the number of days in Madison on legislative business for all members of the chief clerk's house.
33,15 Section 15. 13.123 (2) (intro.) of the statutes is amended to read:
13.123 (2) Interim expenses. (intro.) From the appropriation under s. 20.765 (1) (a) or (b) or (5), each member of the legislature shall be entitled to an expense allowance for postage and clerical assistance for each full calendar month during which the legislature is in actual session 3 days or less. No allowance is payable to a representative to the assembly unless the speaker of the assembly files with the chief clerk of the assembly a written authorization for the allowance to be paid. No allowance is payable to a senator unless the majority leader of the senate files with the chief clerk of the senate a written authorization for the allowance to be paid. An authorization filed under this subsection becomes effective for the month in which it is filed and continues in effect through the month in which the speaker of the assembly or the majority leader of the senate files a written revocation of the authorization with the chief clerk of the appropriate house. The rate of such allowance shall be as follows:
33,16 Section 16. 13.123 (3) (a) of the statutes is amended to read:
13.123 (3) (a) Any senator authorized by the committee on senate organization to attend a meeting outside the state capital, any representative to the assembly authorized by the committee on assembly organization to attend an out-of-state meeting or authorized by the speaker to attend a meeting within this state outside the state capital, and all members of the legislature required by law, legislative rule, resolution or joint resolution to attend such meetings, shall be paid no additional compensation for such services but shall be reimbursed for actual and necessary expenses from the appropriation under s. 20.765 (1) (a) or (b) or (5), but no legislator may be reimbursed under this subsection for expenses on any day for which the legislator submits a claim under sub. (1).
33,17 Section 17. 13.125 of the statutes is amended to read:
13.125 Chaplains. The officiating chaplain of the senate and assembly shall be paid such amount as may be established by each house for each day of service from the appropriation under s. 20.765 (1) (a) or (b) or (5). Payment shall be made on certification by the chief clerk of the senate or of the assembly, respectively, showing the amount to which each chaplain is entitled.
33,18 Section 18. 13.14 (2) of the statutes is amended to read:
13.14 (2) Floral pieces. The senate and assembly may procure floral pieces for deceased or ill members of the legislature and state officers who, in the judgment of the presiding officer and chief clerk, have been identified with the legislative process. Such expenses shall be by voucher, signed by the presiding officer or chief clerk of the respective house, and shall be drawn on the appropriation under s. 20.765 (1) (a) or (b) or (5).
33,19 Section 19. 13.14 (3) of the statutes is amended to read:
13.14 (3) Travel; legislative personnel. The actual and necessary expenses of legislative policy research personnel, assistants to legislators, and research staff assigned to legislative committees incident to attending meetings outside the state capital shall be reimbursed from the appropriation under s. 20.765 (1) (a) or (b) or (5).
33,20 Section 20. 13.20 (2) of the statutes is amended to read:
13.20 (2) Pay ranges; duration of employment. All legislative employees shall be paid in accordance with the compensation and classification plan for employees in the classified civil service within ranges approved by the joint committee on legislative organization. The secretary of employment relations director of the office of state human resources management shall make recommendations concerning a compensation and classification schedule for legislative employees if requested to do so by the joint committee on legislative organization or by the committee on organization of either house. If the joint committee does not approve pay ranges for legislative employees, the committee on organization of either house may approve pay ranges for its employees. Appointments shall be made for the legislative session, unless earlier terminated by the appointing officer.
33,20d Section 20d. 13.40 (1) (a) of the statutes is renumbered 13.40 (1) (am).
33,20h Section 20h. 13.40 (1) (ad) of the statutes is created to read:
13.40 (1) (ad) "Compensation reserves" means the total estimated amount designated as compensation reserves for a given fiscal year as shown in the schedule under s. 20.005 (1) published in the biennial budget act or the modified total amount of compensation reserves for that fiscal year specified in any other act.
33,20p Section 20p. 13.40 (1) (c) of the statutes is created to read:
13.40 (1) (c) "State operations" means all purposes except aids to individuals and organizations and local assistance.
33,20t Section 20t. 13.40 (2) (intro.) of the statutes is amended to read:
13.40 (2) (intro.) Except as provided in sub. subs. (3) and (3m), the amount appropriated from general purpose revenue for each fiscal biennium, excluding any amount under an appropriation specified in sub. (3) (a) to (i), as determined under sub. (4), may not exceed the sum of:
33,21 Section 21. 13.40 (3) (b) of the statutes is amended to read:
13.40 (3) (b) An appropriation to honor a moral obligation undertaken pursuant to ss. 16.526 (8), 16.527 (10), 18.61 (5), 85.25 (5), 101.143 (9m) (i), 229.50 (7), 229.74 (7), 229.830 (7), 234.15 (4), 234.42 (4), 234.54 (4) (b), 234.626 (7), 234.93 (6), 234.932 (6), 234.933 (6), and 281.59 (13m).
33,22 Section 22. 13.40 (3) (fm) of the statutes is created to read:
13.40 (3) (fm) An appropriation for the 2003-05 fiscal biennium to make payments to counties, towns, villages, and cities under s. 79.035.
33,23m Section 23m. 13.40 (3m) of the statutes is created to read:
13.40 (3m) (a) In addition to the limitations under sub. (2) and par. (am), the amount appropriated from general purpose revenue for state operations in fiscal year 2003-04, in fiscal year 2004-05, and in fiscal year 2005-06, plus the amount designated for compensation reserves from general purpose revenue but excluding the estimated amount to be expended from general purpose revenue for debt service for that fiscal year, may not exceed the amount appropriated from general purpose revenue for state operations in fiscal year 2002-03, plus the amount designated for compensation reserves from general purpose revenue but excluding the estimated amount to be expended from general purpose revenue for debt service for that fiscal year, as shown in the schedule under s. 20.005 (3) published in the 2001-02 Wisconsin Statutes.
(am) In addition to the limitations under sub. (2) and par. (a), the amount appropriated from general purpose revenue for state operations in fiscal year 2005-06 and in fiscal year 2006-07, excluding the estimated amount to be expended from general purpose revenue for debt service for that fiscal year, may not exceed the amount appropriated from general purpose revenue for state operations in fiscal year 2004-05, excluding the estimated amount to be expended from general purpose revenue for debt service for that fiscal year, as shown in the schedule under s. 20.005 (3) published in the 2003-04 Wisconsin Statutes, less $100,000,000.
(b) For purposes of par. (a), the amount of any sum sufficient appropriation for fiscal year 2002-03 is considered to be the amount shown in the schedule under s. 20.005 (3) as published in the 2001-02 Wisconsin Statutes, and the amount of any sum sufficient appropriation for any other fiscal year is considered to be the amount shown in the schedule under s. 20.005 (3) in the latest act specifying the estimated expenditures for that appropriation for that fiscal year. For purposes of par. (a), the amount of any biennial appropriation for fiscal year 2002-03 is considered to be the amount shown in the schedule under s. 20.005 (3) as published in the 2001-02 Wisconsin Statutes, and the amount of any biennial appropriation for any other fiscal year is considered to be the amount shown in the schedule under s. 20.005 (3) in the latest act specifying the amount appropriated for that appropriation for that fiscal year.
(bm) For purposes of par. (am), the amount of any sum sufficient appropriation for fiscal year 2004-05 is considered to be the amount shown in the schedule under s. 20.005 (3) as published in the 2003-04 Wisconsin Statutes, and the amount of any sum sufficient appropriation for any other fiscal year is considered to be the amount shown in the schedule under s. 20.005 (3) in the latest act specifying the estimated expenditures for that appropriation for that fiscal year. For purposes of par. (am), the amount of any biennial appropriation for fiscal year 2004-05 is considered to be the amount shown in the schedule under s. 20.005 (3) as published in the 2003-04 Wisconsin Statutes, and the amount of any biennial appropriation for any other fiscal year is considered to be the amount shown in the schedule under s. 20.005 (3) in the latest act specifying the amount appropriated for that appropriation for that fiscal year.
33,24 Section 24. 13.45 (3) (a) of the statutes is amended to read:
13.45 (3) (a) For any day for which the legislator does not file a claim under s. 13.123 (1), any legislator appointed to serve on a legislative committee or a committee to which the legislator was appointed by either house or the officers thereof shall be reimbursed from the appropriations under s. 20.765 (1) (a) or (b) or (5) for actual and necessary expenses incurred as a member of the committee.
33,25 Section 25. 13.48 (2) (j) of the statutes is amended to read:
13.48 (2) (j) No later than the first day of the 7th month after the effective date of each biennial budget act, the secretary of employment relations director of the office of state human resources management shall report to the building commission, in writing, regarding the desirability of including plans for day care facility space in the plans for any construction or major remodeling project, enumerated in the state building program in the biennial budget act, for any state office building. Based upon the report of the secretary of employment relations director of the office of state human resources management, the building commission may direct that plans for day care facility space be included in the plans for that construction or major remodeling project.
33,26 Section 26. 13.48 (14) (c) of the statutes is amended to read:
13.48 (14) (c) If there is any outstanding public debt used to finance the acquisition of a building, structure or land or the construction of a building or structure that is sold or leased under par. (b), the building commission shall deposit a sufficient amount of the net proceeds from the sale or lease of the building, structure or land in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of that debt. If Except as provided in s. 51.06 (6), if there is no such debt outstanding, or, if the net proceeds exceed the amount required to repay that principal and pay that interest and premium, the building commission shall credit deposit the net proceeds or remaining net proceeds to in the appropriation account under s. 20.865 (4) (a) budget stabilization fund.
33,26e Section 26e. 13.48 (35) (a) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 13.48 (35) (am) and amended to read:
13.48 (35) (am) The building commission may authorize up to $1,500,000 in general fund supported borrowing to aid in the construction of a youth and family center for to be open to the public and operated by HR Academy, Inc., in the city of Milwaukee. The state funding commitment under this paragraph shall be in the form of a grant to HR Academy, Inc. Before approving any such state funding commitment is made, the building commission secretary of administration shall determine that HR Academy, Inc., has secured additional funding at least equal to $3,500,000 from nonstate donations for the purpose of constructing a youth and family center, that no part of the youth and family center will be used for the purpose of devotional activities, religious worship, or sectarian instruction, and that HR Academy, Inc., owns interests in real estate that are adequate for the siting and operation of the center.
33,26g Section 26g. 13.48 (35) (ah) of the statutes is created to read:
13.48 (35) (ah) The legislature finds and determines that deterring delinquent behavior, building strong families, and creating viable communities are statewide responsibilities of statewide dimension. The legislature finds and determines also that community centers, where youth and families may gather, deter delinquent behavior by permitting youth to gather at locations that are supervised by adults, strengthen families by offering programs and activities that increase parenting and other life skills, and increase the viability of communities by providing accessible and safe meeting places. In addition, the legislature finds and determines that HR Academy, Inc., has the expertise and commitment to successfully operate a community center in the city of Milwaukee. The legislature, therefore, finds and determines that assisting HR Academy, Inc., in the construction of a youth and family center in the city of Milwaukee will deter delinquent behavior, build strong families, and create viable communities and will have a direct and immediate effect on these state responsibilities of statewide dimension.
33,26i Section 26i. 13.48 (35) (b) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:
13.48 (35) (b) If the building commission authorizes a grant to HR Academy, Inc., under par. (a) and if, (am), HR Academy, Inc., shall enter into a land use restriction agreement limiting the use of the facilities funded by the grant to a youth and family center. The land use restriction agreement shall provide that, if for any reason, the facility that is constructed with funds from the grant is not used operated as a youth and family center that is open to the public or if it is used for the purpose of devotional activities, religious worship, or sectarian instruction, the state shall retain an ownership interest in the facility equal to the amount of the state's grant, at the option of the secretary of administration, may pursue any legal remedies available including requiring specific performance of the covenants contained in the agreement.
33,26m Section 26m. 13.48 (36) of the statutes is created to read:
13.48 (36) Hmong cultural center. (a) The legislature finds and determines that a significant number of Hmong people are citizens of this state, that the Hmong people have a proud heritage that needs to be recognized and preserved, and that the Hmong people have experienced difficulties assimilating in this state. The legislature finds that supporting the Hmong people in their efforts to recognize their heritage and to gain the full advantages of citizenship in this state is a statewide responsibility of statewide dimension. To better ensure that the heritage of the Hmong people is preserved and to better enable the Hmong people to gain the full advantages of citizenship in this state, the legislature finds that it will have a direct and immediate effect on a matter of statewide concern for the state to construct and operate a Hmong cultural center.
(b) Notwithstanding s. 18.04 (1) and (2), the building commission shall authorize $3,000,000 in general fund supported borrowing to make a grant to an organization designated by the secretary of administration that represents the cultural interests of Hmong people for construction of a Hmong cultural center at the corner of National Avenue and 16th Street in the city of Milwaukee. As a condition precedent to receipt of the grant, the organization shall enter into an agreement with the secretary guaranteeing that the center will be operated to serve the nonsectarian cultural interests of the Hmong people.
(c) If, for any reason, the facility that is constructed with funds from the grant under par. (b) is not used to construct a Hmong cultural center in the city of Milwaukee, or the center is not operated to serve the nonsectarian cultural interests of the Hmong people, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.
33,27 Section 27. 13.50 (6) (am) of the statutes is amended to read:
13.50 (6) (am) The cochairpersons of the joint survey committee on retirement systems or the cochairpersons of the joint committee on finance, with respect to any bill or amendment specified in par. (a), or the presiding officer of either house of the legislature, with respect to any bill or amendment specified in par. (a) that is pending in his or her house, may make a determination, based on any available information, that the bill or amendment may have a significant fiscal impact on the costs, actuarial balance or goals of the Wisconsin retirement system Retirement System and order the attachment of an independent actuarial opinion on such impact. The cochairpersons or presiding officer ordering such an opinion shall direct the staff under sub. (4) to obtain the opinion. The staff shall make payment for the opinion from the appropriation under s. 20.765 (2) (ab) or (5).
33,28 Section 28. 13.51 (2) (b) of the statutes is amended to read:
13.51 (2) (b) The secretary of employment relations director of the office of state human resources management or the secretary's director's designee.
33,29 Section 29. 13.56 (2) of the statutes is amended to read:
13.56 (2) Participation in certain proceedings. The cochairpersons of the joint committee for review of administrative rules or their designated agents shall accept service made under ss. 227.40 (5) and 806.04 (11). If the committee determines that the legislature should be represented in the proceeding, it shall request the joint committee on legislative organization to designate the legislature's representative for the proceeding. The costs of participation in the proceeding shall be paid equally from the appropriations under s. 20.765 (1) (a) and (b) or shall be paid from the appropriation under s. 20.765 (5), if applicable, except that such costs incurred by the department of justice shall be paid from the appropriation under s. 20.455 (1) (d).
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